Introduction

The mass provision of goods and services, the proliferation of online delivery channels and the advance of big data make commercial mistakes on an industrial scale ever more likely. Damage to thousands or even millions of people means group actions are on the rise.

This guide provides an introduction to the various methods of litigating on a multi-party basis, addressing the key legal issues to be considered throughout a claim. From identifying the claim, choosing an appropriate procedural mechanism for the claim to be brought and exploring how claims can be funded and should be organised, through to addressing case management issues, questions relating to costs, and how to deal with settlement, this guide will equip you with everything you need to know about group actions. While this guide touches on all the different mechanisms and procedures available, it focuses on opt-in group actions relating to general commercial claims, rather than, for example, collective proceedings in the Competition Appeal Tribunal (CAT).

Our team of specialist litigators knows how to develop and pursue group litigation procedures of all types, including Group Litigation Orders (GLOs), representative actions, test cases, and competition damages litigation in the CAT. We have a particular reputation for winning claims connected with financial products, data issues and regulatory breaches. The size and breadth of our overall litigation practice, allied with the depth of our relationships with funders, brokers and After The Event (ATE) insurers means that we can negotiate and structure funding for even the most complex group action. Our connections with leading barrister chambers also give us access to the finest procedural minds; a huge benefit to those trying to develop and launch novel and complex claims. Our clients range from retail investors and SMEs, to high net worth individuals and institutions, all of whom for their own reasons appreciate the benefits of litigating as part of a group, often backed by litigation funding and ATE insurance.